Foster's Exrs. v. Dickerson
Supreme Court of Vermont
This was an appeal from an order of tbe Probate Court for tbe District of Franklin, admitting to probate an instrument purporting to be tbe last will and testament of Catherine A. Foster. The contestants plead :■ First, that tbe paper was not tbe last will and testament of tbe said Catherine A. Foster. Second, that the testatrix did not have sufficient mental capacity to make a will. Third, that the instrument was procured by undue influence and fraud.
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This was an appeal from an order of tbe Probate Court for tbe District of Franklin, admitting to probate an instrument purporting to be tbe last will and testament of Catherine A. Foster. The contestants plead :■ First, that tbe paper was not tbe last will and testament of tbe said Catherine A. Foster. Second, that the testatrix did not have sufficient mental capacity to make a will. Third, that the instrument was procured by undue influence and fraud. Trial by jury at the April term,. 1888, Franklin county, Yeazey, L, presiding. Yerdict for the proponents. The contestants except. The letters…
1Opinion of the Court
The opinion of the court was delivered by
THOMPSON, J.
This is an appeal from a judgment admitting to probate an instrument purporting to be the last will and testament of Catherine A. Foster.
The contestants are the heirs at law of the testatrix, and oppose the allowance of such instrument on the ground of want of mental capacity in the testatrix to make a will, and that the instrument was procured by undue influence and fraud,
1. Mrs. Julia Hayes, one of the legatees under the will, subject to the contestants’ exception, was admitted as a witness on behalf of the proponents and was allowed to…
2Cases cited52 opinions
- Taylor v. KellySupreme Court of Alabama · 1857
- Dale's Appeal from ProbateSupreme Court of Connecticut · 1888
- Gilbert v. GilbertSupreme Court of Alabama · 1853
- Morse v. CrawfordSupreme Court of Vermont · 1845
- Hathaway's Administrator v. National Life InsuranceSupreme Court of Vermont · 1875
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3Cited by43 opinions
- Sheldon v. WrightSupreme Court of Vermont · 1907
- Miller v. LivingstoneUtah Supreme Court · 1906
- State v. LapanSupreme Court of Vermont · 1928
- State v. NoakesSupreme Court of Vermont · 1897
- Salotti v. Seaboard Coast Line Railroad Co.Supreme Court of Alabama · 1974
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